Scribd
Upload
1K views2 pages

Definition and Characteristics of Mediation

Mediation involves negotiation between disputing parties, assisted by a neutral third party mediator, to help the parties voluntarily reach a mutually agreeable settlement. It can be used when direct negotiations reach an impasse or are required by law before litigation. The mediator remains impartial and encourages exploration of options to help generate a settlement. Mediation is non-binding, confidential, and allows parties to maintain control over the process and information disclosed. Successful mediation requires preparation, generation of settlement options, and a final written agreement between the parties.

Uploaded by

Mohammad Mofizur Rahman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views2 pages

Definition and Characteristics of Mediation

Mediation involves negotiation between disputing parties, assisted by a neutral third party mediator, to help the parties voluntarily reach a mutually agreeable settlement. It can be used when direct negotiations reach an impasse or are required by law before litigation. The mediator remains impartial and encourages exploration of options to help generate a settlement. Mediation is non-binding, confidential, and allows parties to maintain control over the process and information disclosed. Successful mediation requires preparation, generation of settlement options, and a final written agreement between the parties.

Uploaded by

Mohammad Mofizur Rahman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Definition and Characteristics of

Mediation

Definition
Mediation consists of negotiation between disputing parties, assisted by a neutral third party and
it is defined as: "The intervention into a dispute or negotiation by an acceptable, impartial and
neutral third party (with no decision-making power) to assist disputing parties in voluntarily
reaching their own mutually acceptable settlement of issues in dispute".

Applications
 Cases where disputing parties have reached an impasse in their negotiations, but are still
speaking and willing to have a third party neutral assist them in negotiating. Note: for
construction contracts that fall into Public Services and Procurement Canada (PSPC)'s
Dispute Resolution GC 8
 In some provincial legal jurisdictions, mediation is a mandatory part of the litigation
process, before proceeding to trial. Authorized court officials dictate when mediation is to
be used

Characteristics of Mediation Process


 involves two or more parties in dispute over one or more contract issue(s)
 entirely voluntary for non-litigious disputes
 non-coercive, in that the mediator does not decide for the parties, but rather encourages
them to agree to a settlement
 'assisted negotiation', the third party neutral (mediator) remains impartial
 mediator may provide relationship-building or procedural assistance and options which
had not been previously contemplated by the parties
 mediator encourages parties to explore alternate possibilities/options in settling the
dispute
 more informal and relaxed than that of a court or an arbitration
 rules are those which are agreed to between the parties
 confidentiality is an important ingredient of mediation
 all communications are without prejudice and cannot be used as evidence in subsequent
arbitration or court action (those normally available through Access to Information and
Privacy (ATIP) remain available)
 each of the disputing parties control the disclosure of information to the mediator and
what information can be disclosed to the other parties

Components of Successful Mediation


 an agreement to mediate including: selection of a mediator, signing of a mediation
agreement and venue (see "Mediation Proceess")
 undertaking a comprehensive review of the issues and adequately preparing for mediation
 generating options and weighing their feasibility as possible settlement avenues with the
assistance of the mediator
 reaching a mutually acceptable settlement and detailing the terms of the agreement in the
form of a settlement agreement (these will vary depending on mediation specifics).
Important: PSPC's representative as well as the other disputants must have authority to
settle at the mediation table or have a telephone contact who can arrive at a decision
immediately
 following up and ensuring implementation of the agreement

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy